Motion for Substituted Service in Blake Tartt, III vs. John Doe, Et Al| Trellis.Law

On December 28, 2020 a Party Discovery was filed involving a dispute between Tartt, Blake, Iii, and Doe, Jane, Doe, John, Twitter, Inc., for Injury/Damage - Other in the District Court of Galveston County.

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Filed: 4/7/2021 4:18 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 52235931
By: Shailja Dixit
4/7/2021 4:32 PM

CAUSE NO. 20-CV-1975

BLAKE TARTT III § IN THE DISTRICT COURT OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL DISTRICT

EXECUTED SUBPOENA SERVED ON FACEBOOK, INC.

1
SUBP-045
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Calvin G. McLean, Texas Bar No. 24091885
7950 Legacy Drive, Suite 330
Plano, Texas 75024

TELEPHONE NO.: 972.436.1661 FAX NO.: 972.436.1615
E-MAIL ADDRESS: goc.garfield@gmail.com
ATTORNEY FOR (Name): Blake Tartt III
Court for county in which discovery is to be conducted:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 County Center, 1st Floor, Redwood, California 94063
MAILING ADDRESS: 400 County Center, 1st Floor ,Redwood, California 94063
CITY AND ZIP CODE: San Francisco, California 94063
BRANCH NAME: Civil Division

Court in which action is pending: 56th Judicial District Court, Galveston County, Texas
Name of Court: 56TH JUDICIAL DISTRICT COURT, GALVESTON COUNTY, TEXAS
STREET ADDRESS: 600 59th Street #3302, Galveston, Texas 77551
MAILING ADDRESS: 600 59th Street #3302
CITY, STATE AND ZIP CODE: Galveston, Texas 77551
COUNTRY: USA

PLAINTIFF/PETITIONER: Blake Tartt, III CALIFORNIA CASE NUMBER (if any assigned by court):

DEFENDANT/RESPONDENT: John Doe and Jane Doe

DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND CASE NUMBER (of action pending outside California):

PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED 20-CV-1975
INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA

THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Custodian of Records of Facebook, Inc., c/o reg agent CSC-Lawyers Inc Service, 710 Gateway Oaks Dr Ste 150N, Sacramento CA
1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time,
and place:
Date: April 23, 2021 Time: 10:00 a.m. Address: 1601 Willow Road, Menlo Park, California 94025

a. As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 4. (Code Civ. Proc., § 2025.230.)
b. You are ordered to produce the documents, electronically stored information, and things described in item 3.
c. This deposition will be recorded stenographically through the instant visual display of testimony
and by audiotape videotape.
2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient
compliance with this subpoena.
3. The documents, electronically stored information, and things to be produced and any testing or sampling being sought are
described as follows ((if electronically stored information is required, the form or forms in which each type of information is to
be produced may be specified) : SEE ATTACHMENT 3

Continued on Attachment 3 (use form MC-025).
4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
as follows:

Continued on Attachment 4 (use form MC-025).
5. Attorneys for the parties to this action or parties without attorneys are (name, address, telephone number, and name of party
represented):
Calvin G. McLean, Texas Bar No. 24091885, 7950 Legacy Drive, Suite 330, Plano, Texas 75024

Continued on Attachment 5 (use form MC-025). Page 1 of 2
Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND Code of Civil Procedure, §§ 2029.100–900,
Judicial Council of California 2020.510, 2025.220, 2025.230, 2025.250,
SUBP-045 [Rev. January 1, 2012]
PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED 2025.620; Government Code, § 68097.1
INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA www.courts.ca.gov
COMMISSION TO TAKE OUT OF STATE SUBPOENA TRC 201.01 & CPRC 20.0001

CAUSE NO. 20‐CV‐1975

Blake Tartt, III vs. John Doe, Et Al 56th District Court OF

GALVESTON COUNTY, TEXAS

STATE OF TEXAS, COUNTY OF GALVESTON
.
TO THE HONORABLE DISTRICT COURT OR OTHER APPROPRIATE AUTHORITY OF THE COUNTY
OR PARISH OF Judicial Authority of The Superior Court of California, County of California, State
of California:

In the 56th District Court of Galveston County, Texas there is a pending case entitled Blake Tartt, III vs.
John Doe, Et Al, bearing Cause No. 20‐CV‐1975 and it appears to this court that the just determination of
the issues presented requires that the deposition of The Custodian of Records for Facebook, Inc., 1601
Willow Road, Menlo Park, California, 94025, be taken.

We hereby authorize and request that you assist this court in serving the interest of justice by causing, a
resident of your County/Parish and State, to be summoned to appear to be deposed by stenographic
and/or video deposition, then and there to give answers under oath to the oral//written questions and
produced requested documents that are addressed to said witness.

The witness shall appear, on this the 23rd day of April, 2021, at 10:00 A.M., at 1601 Willow Road
Menlo Park, California 94025.

You are further authorized and requested to cause said deposition to be reduced to writing, annexing to
the writing any items marked as exhibits and or produced and to cause the written/produced deposition,
with all exhibits to be returned to the requesting party at William W. Johnston, Johnston & McLean, PLLC,
One Legacy West, 7950 Legacy Drive, Suite 330, Plano, Texas 75024, under cover duly sealed and
addressed.

Issued under my hand and seal of Court at office in Galveston, County of Galveston, Texas on this the
23rd day of March, 2021.

John D. Kinard, District Clerk
Galveston County, Texas

By :Rolande Kain, Deputy Clerk
JOHN D. KINARD
District Clerk
Galveston County, Texas

CERTIFIED COPY

I, John D. Kinard, District Clerk of Galveston County, Texas
certify that this is a true and correct copy of the original record
filed and or recorded in my office, electronically or hard copy,
As it appear on this date.
Witness my official hand and seal of office this 03/23/2021

Case Number 20‐CV‐1975 ‐ 56th District Court
Case Style: Blake Tartt, III vs. John Doe, Et Al
Document contains 7 page(s)
Document Title: Order Granting Motion For Issuance Of Letters Rogatory

John D. Kinard, District Clerk
GALVESTON COUNTY, TEXAS

Prepared By Rolande Kain, Deputy Clerk

In accordance with Texas Government Code 406.013, electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal, please
email dcweb@co.galveston.tx.us
Filed: 2/11/2021 4:21 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 50592106
By: Lisa Kelly
2/11/2021 4:35 PM

CAUSE NO. 20-CV-1975

BLAKE TARTT III § IN THE DISTRICT COURT OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL DISTRICT

MOTION FOR ISSUANCE OF LETTERS ROGATORY

TO THE HONORABLE COURT:

Plaintiff Blake Tartt, III requests the issuance of letters rogatory directed to The Custodian

of Records of Automattic, Inc., owner of WordPress, in The Superior Court of California, County

of San Francisco, and The Custodian of Records of Facebook, in The Superior Court of California,

County of San Mateo, requesting examination of The Custodian of Records on written questions,

and in support of this motion shows:

1. This is an action for defamation.

2. The witnesses are residents of the State of California and are the custodians of the

records of Facebook and WordPress (owned by Automattic, Inc.). These social media outlets are

alleged to have been used to disseminate false information regarding Plaintiff, to Plaintiff’s

detriment.

3. Plaintiff has good cause to believe that the witnesses have knowledge of and are

competent to testify on these matters:

a. As to Automattic, Inc. (WordPress)

1
1) information for the following account:

https://olemissinformation.wordpress.com/

2) Information Requested:

Any and all records regarding the identification of the owner(s) of the
OLEMISSINFORMATION.wordpress.com website, including 1)
owner information, first and last name, email address, alternate email
address, phone number, and address; 2) IP address used to set up the
website as well as date and time of registration; 3) log-in IP addresses
and type of computer used by owner; 4) any and all methods of
payment provided by the subscriber and payment records; and 5) any
other websites associated with the subscriber.

b. As to Facebook, Inc.:

1) information for the following account:

http://www.facebook.com/profile.php?id=100055485004739

Username: Winston Smith

2) Information Requested:

Any and all records regarding the identification of the owner(s) of the
WINSTON SMITH account with ID number 1100055485004739,
including (1) owner information, first and last name, email address,
alternate email address, phone number, and address; (2) IP address
used to setup the account; (3) Last 5 IP addresses used to log into the
account and type of computer used; (4) any and all methods of
payment used by the account owner.

The written questions attached as Exhibit A (for Automattic) and Exhibit B (for Facebook).

4. WHEREFORE, Plaintiff Blake Tart, III requests that the Court order the Clerk of the

Court to issue The Custodian of Records of Automattic, Inc., Owner of WordPress, and Facebook,

Inc., the letters rogatory that are filed contemporaneously with this motion.

2
Respectfully Submitted,

Johnston & McLean, PLLC
7950 Legacy Drive, Suite 330
Plano, Texas 75024
(972) 436-1661
(972) 436-1615 – Facsimile

William W. Digitally signed by
William W. Johnston
Date: 2021.02.11
Johnston
By__________________________________
16:12:31 -06'00'
William W. Johnston
State Bar No. 10846700
billjohnstonlawoffice@gmail.com
Attorney for Plaintiff
Digitally signed by Calvin G.
Calvin G. McLean McLean
Date: 2021.02.11 16:12:46 -06'00'
By__________________________________
Calvin G. McLean
State Bar No. 24091885
goc.garfieldlaw@gmail.com
Attorney for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that the foregoing

MOTION FOR ISSUANCE OF LETTERS ROGATORY

was served on Defendants as shown below:

via electronic filing service

on this 11th day of February 2021.
Digitally signed by Calvin G.
Calvin G. McLean
Date: 2021.02.11 16:13:09
McLean
__________________________________
-06'00'

Calvin G. McLean

3
EXHIBIT A

CAUSE NO. 20-CV-1975

BLAKE TARTT III § IN THE DISTRICT COURT
OF
§
Plaintiff §
§
VS. §
§ GALVESTON COUNTY
TEXAS
§
JOHN DOE, and §
JANE DOE §
§
Defendants § 56TH JUDICIAL
DISTRICT

DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS FOR WORDPRESS

A. INSTRUCTION

Records may be provided as electronic media containing records in PDF, JPEG, or TIF
format or “hard” copies. Video records may be provided in MP3 or MP4.

B. DEFINITION

Requested Records shall mean the items listed in section C of this document.

C. RECORDS REQUESTED

Provide information for the following account:
https://olemissinformation.wordpress.com/

Information Requested:
Any and all records regarding the identification of the owner(s) of
the OLEMISSINFORMATION.wordpress.com website, including
1) owner information, first and last name, email address, alternate
email
address, phone number, and address; 2) IP address used to set up the
website as well as date and time of registration; 3) log-in IP
addresses and type of computer used by owner; 4) any and all
methods of payment provided by the subscriber and payment
records; and 5) any other websites associated with the subscriber.

1
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS OF WordPress

1. Please state your full name, occupation, official title, and business address.